· 1/11/2005
Kenneth Foss, Administrator of the Estate of Vincent P. Koth v. Bear, Stearns & Co., Inc., and Patrick Delahanty O'Meara
Citations
- 394 F.3d 540
- 2005 U.S. App. LEXIS 406
- 2005 WL 43724
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that SOX does not revive time-barred claims
- finding persuasive the Second Circuit’s reasoning in Enterprise Mortgage and stating that the court has “nothing to add to the [Second [C]ircuit’s explanation.”
- discussing effect of Sarbanes-Oxley on statutes of limitations for securities claims
- “Unless the complaint alleges facts that create an ironclad defense, a limitations argument must await factual development.”
- “Unless the complaint alleges facts that create an ironclad defense, a limitations argument must await factual development.”
- “[T]he period of limitations is an affirmative defense that a complaint need not address. Unless the complaint alleges facts that create an ironclad defense, a limitations argument must await factual development.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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